Registration in the list of mediators

Legal basis

The following legal bases apply (as amended from time to time):

Registration in the list of mediators

Prerequisites for entry in the list pursuant to Art. 5 ZMG are:

• Minimum age 28 years
• Specialized qualification
• trustworthiness
• Possession of liability insurance
• Availability of suitable premises in the country
• Liechtenstein citizenship or citizenship of an EEA state or equality based on treaty agreement (e.g. Switzerland) or residence in Switzerland

Specialist qualified is who has the knowledge and skills of mediation on the basis of appropriate training and knows its legal and psychosocial basis.

The content and scope of the required training are regulated in the annexes to the Civil Law Mediation Ordinance. The training "Mediator SAV" of the Swiss Bar Association is considered a professional qualification for the registration in the list of mediators (Art. 6a ZMV). In individual cases, knowledge and skills acquired in the course of training for the other professional activities of the mediator may be credited, if such knowledge and skills correspond to the training contents specified in the Training Ordinance and insofar as the applicant has gained practical experience in the handling of conflicts on the basis of such professional activities, which is of benefit to him/her in the practice of mediation (Art. 6 ZMG in connection with Art. 6 ZMV). The proof of the training takes place by submission of diplomas, certificates, confirmations, etc. including a description of the respective training content in copy, connected with a description of the previous training path and the previous professional activity.

Proof of trustworthiness is provided by submitting an extract from the criminal record, which is not older than 3 months.

In order for there to be sufficient liability insurance, Liechtenstein law must be applicable to the insurance contract; the minimum sum insured must be at least CHF 1,000,000.00 per insured event and the contract must not contain any exclusion or time limit of the insurer's subsequent liability (Art. 15 ZMG). Proof of liability insurance shall be provided by submitting a copy of the insurance policy together with a confirmation from the insurance company that the insurance cover meets the requirements of Art. 15 ZMG.

Proof of suitable premises in the country is provided by stating the address and submitting copies of documents such as rental agreements, construction plans, photos, etc., which allow an assessment of the spatial situation.

Proof of minimum age and citizenship is provided by submitting a copy of the passport.

Proof of residence is done by providing the address and submitting a copy of the residence permit.

The first registration is limited to a period of 5 years. An extension of the registration is possible upon request (Art. 9 ZMG).

If the registration is granted, the information provided in the application will be included in the list. Optionally, a statement about professional fields of activity of the mediator can be made.

The application must be made in writing to the Office of Justice using the completed form and enclosing the necessary supporting documents.

The form can be obtained from the Download Area 

Renewal of registration

Once a temporary registration has been made, it may be renewed several times (Art. 9 ZMG).

An application for renewal must be submitted in writing to the Office of Justice no earlier than one year and no later than three months before the expiration of the registration period. Registration may be extended for a maximum of 10 additional years.

Further extensions for a maximum of 10 years each are possible.

Certificates of Continuing Education

The registered mediator shall undergo appropriate continuing education, at least to the extent of fifty hours within a period of five years, and shall provide evidence of this to the Office of Justice every five years.

Proof of continuing education shall be furnished by submitting copies of diplomas, certificates, endorsements, etc., including a description of the content of each.

Time interaction registration, renewal and proof of continuing education

The table below shows the temporal coincidence of applications for renewal and certificates of continuing education to be submitted after registration has taken place:

Fees

For the processing of applications for registration as well as applications for renewal of registration, a fee of CHF 400.00 is charged in each case (Art. 23 ZMG in conjunction with Art. 7 ZMV).

Duties of notification

The registered mediator is obliged to notify the Office of Justice immediately of any change in the admissibility requirements (Art. 17 ZMG).

Deletion from the list

If one of the conditions for registration ceases to apply (Art. 5 ZMG), if the mediator fails to fulfill his/her obligation to provide proof of continuing education (Art. 16 ZMG), or if he/she grossly or repeatedly violates his/her obligations despite a reminder, he/she shall be removed from the list (Art. 10 para. 1 ZMG).

Other reasons for deletion are the renunciation of the mediator or the mediator's death or the expiry of the term of the entry (Art. 10 para. 2 ZMG).

In the event of deletion, an entry shall be recognizably retained in the list as a deleted entry for a period of five years (Art. 10 para. 3 ZMG).

Legal remedy

Appeals against decisions of the Office of Justice may be lodged with the government within 14 days of notification.

Appeals against decisions of the government may be lodged with the Administrative Court within 14 days of notification.